HAMPTON v. HOLMESBURG PRISON OFFICIALS

No. 75-2434.

546 F.2d 1077 (1976)

William Oscar HAMPTON v. HOLMESBURG PRISON OFFICIALS. Appeal of Richard BURK et al.

United States Court of Appeals, Third Circuit.

Decided December 28, 1976.


Attorney(s) appearing for the Case

Sheldon L. Albert, Stephen Arinson, Raymond Kitty, James M. Penny, Jr., Ralph J. Teti, Sols. for the City, Philadelphia, Pa., for appellants.

Robert J. Donaghy, Ms. Denise Goren, Student Attys., Jack J. Levine, Supervising Atty., Civil Rights for Inmates, Temple Law School, Philadelphia, Pa., for appellee.

Before VAN DUSEN, HUNTER and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The distinction between conduct necessary to support recovery under 42 U.S.C. § 1983 and that establishing liability under state tort law is at issue in this appeal. The district court awarded damages to a prisoner against a warden and guards because of their failure to provide medical care. Our examination of the record demonstrates that the plaintiff failed to prove the intentional conduct characterizing a...

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